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 H1B special case question??
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Posted on 12-28-10 4:52 PM     Reply [Subscribe]
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My employer does not have experiences on  H1B sponsorship but has shown some positivity regarding  filing it for me. I have been doing some researches before contacting a lawyer. 
One of the requirement for H1b is: The minimum qualification required for the position should be bachelor's degree. 
The minimum qualification required for my position is Associate degree. Am I still eligible to apply for H1B?
Has anyone out there had similar experience? Any input on this is really appreciated. Thanks in advance.



 
Posted on 12-28-10 9:17 PM     [Snapshot: 91]     Reply [Subscribe]
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what is your qualification? the higher qualification you are eligible to apply for will benefit you.
 
Posted on 12-28-10 10:33 PM     [Snapshot: 127]     Reply [Subscribe]
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Thanks for the response plano80!!
I have a BS degree and I am eligible to apply.
My concern is the my position.
When they had the posting for this position, minimum qualification required was associate degree.

One of the requirements when applying for H1B is that that the position you hold must require a Bachelor's degree holder. 

Since the minimum requirement for the position I currently hold did not require a bachelor's degree, will I have any problem getting accepted?

Thank you.


 
Posted on 12-29-10 2:47 PM     [Snapshot: 309]     Reply [Subscribe]
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Is this a govt job? If so then you will have problem with it, otherwise you can ask your employer to change the job requirement and apply for h1-b.

 
Posted on 12-29-10 4:22 PM     [Snapshot: 343]     Reply [Subscribe]
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Hi PunkBiologist,


I could have responded better if you had stated the position you are working on. Anyways, your concern is correct. The job should have a minimum requirement of a BS degree. If your employer is really helpful, ask him to create a different position with a minimum requirement as BS degree, and then rehire/promote you to that position. This is for your own benefit as it will be easier to prove that there are no citizens with the minimum requirements in the market.


The only concern here is that the labor dept determines the minimum salary for a post depending on the qualification of the employee, and the job post. So, your employer might have to pay you more, and he may not like it. If your employer says no, consult a good lawyer as there are a lot of loopholes in the system.


Good luck


 
Posted on 12-29-10 4:26 PM     [Snapshot: 344]     Reply [Subscribe]
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Haina, H1-B file garda kina requirement chahincha ra vhanya.


All you have to submit is ur qualification level, Job offer letter and thetitle you will be working on. If you are alreadu working on for that compnay then it makes it more easier.


Jaha samma malie thaha vhaya anusar, goverment le Code haru assign gare ko cha, depending on ur tittle and job responsibilities. and also, the minimum wage they should offer for that position.


teyo Degree will come into play once you start thinking about GC process.


I don't think you have to submit a posting of that position durinh H1 file. All yo have to make sure is that you don't pay for ur processing fee (company is liable for this) and make sure you got paid enough for that position.


If your job title and postion and responsibilities are not listed on the category that is assign by the USCIS that you will not be able to file for H1-B.


 
Posted on 12-29-10 4:44 PM     [Snapshot: 355]     Reply [Subscribe]
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Hi,


This is one of the misinformation a lot of people have. But you have to understand that for H1B to be approved, the employer has to show that there are no citizens who meet the minimum qualification. It will be extremely difficult to show that there are no citizens in the job market with associate degree. It is much easier with a BS degree requirement.


This is why the Job position is so important. The govt. itself has stated the minimum degree requirement for various positions. If we are talking about Techs with no experience required (i assumed you are in biology field), it is almost impossible to get the H1B. So, until punk biologist clearifies the position he is working on, I cannot be very specific.


 
Posted on 12-29-10 5:38 PM     [Snapshot: 379]     Reply [Subscribe]
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Thank you all for the inputs.
NEPAmerican,

I am sorry that I did not specify my job title. My title is QA Technician. 
I don't think my employer can just open a new position just for me with the minimum requirement of Bachelor's degree because there are other QA techs. If my employer did it for me, he has to do it for all other techs which is not possible.

Regarding the minimum salary requirement, my employer is paying well enough for this position. So this should not be a problem.
Any ways around this situation? I am sure there are Gurus out there in Sajha who can give a good advice.

Thank you again

 
Posted on 12-30-10 11:36 AM     [Snapshot: 481]     Reply [Subscribe]
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H1B Job Requirements


For the job to be considered as  H1B specialty occupation one or more of the following conditions must be met:



  • Bachelor’s or higher degree or its equivalent must be minimum requirement for the position
  • The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
  • The employer normally requires a degree or its equivalent for the position
  • The nature of the specific duties must be specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

Punk Biologist, your job position does meet some of the above conditions. So, you may get the H1B, but it would have been easier if the requirement was a BS degree.


Good Luck


 
Posted on 12-30-10 12:44 PM     [Snapshot: 506]     Reply [Subscribe]
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SO, NEPAmerican bro, Where does it say that For H1B, we have to prove that there are no americans in the job market force who meet the qualification level? as you have mentioned in your earlier post.


SO far my understanding goes, H1B vhanay kai gov decided that there are not enough manpower with that qualification to fullfill the demand of the workforce. thats why they give 65,000 with regular and 20,000 with master every year.


 
Posted on 01-03-11 4:00 PM     [Snapshot: 606]     Reply [Subscribe]
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Hi Stupida Bro,


It does not say that "we have to prove that there are no other citizens in the market place...." because this is a H1B "Specialty Occupation" criteria, which is an exception. If punk biologist's position does not fall in this category (which it does), then he has to prove that there are no citizens in the job m,arket with the minimum requirements.


They give out H1b to fill in jobs that cannot be performed by any citizens in labor market. If you could get H1b with any job, why go thru all the process? Why is H1B denied to so many applicants?


The reason for the whole damn process is because the lawmakers want to prove that aliens (like us) are not taking the citizen's job. Its all political man.


 
Posted on 01-03-11 4:38 PM     [Snapshot: 622]     Reply [Subscribe]
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thank you for ur effort..........I get it..........It makes sense...
 
Posted on 01-04-11 11:57 AM     [Snapshot: 752]     Reply [Subscribe]
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 punk_biologist,


Yes Bachrlors degree is needed for H1. Also make sure you are meeting the prevailing wage (your salary has to meet what other professionals are getting for similiar position in your area). check flcdatacenter website for this..


 


 


 


 


 


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